Vermont § 1090 - Warrant to take physical custody of child
Full text of Vermont Vermont Statutes Online § 1090 — Warrant to take physical custody of child, with citation guidance and answers to common questions.
§ 1090. Warrant to take physical custody of child
- (a) Upon the filing of a petition seeking enforcement of a child custody determination,
the petitioner may file a verified application for the issuance of a warrant to take
physical custody of the child if the child is immediately likely to suffer serious
physical harm or to be removed from Vermont. (b) If the court, upon the testimony of the petitioner or other witness, finds that the
child is imminently likely to suffer serious physical harm or to be removed from Vermont,
it may issue a warrant to take physical custody of the child. The petition must be
heard on the next judicial day after the warrant is executed unless that date is impossible.
In that event, the court shall hold the hearing on the first judicial day possible.
The application for the warrant must include the statements required by subsection 1088(b) of this title. (c) A warrant to take physical custody of a child shall: (1) recite the facts upon which a conclusion of imminent serious physical harm or removal
from the jurisdiction is based; (2) direct law enforcement officers to take physical custody of the child immediately;
and (3) provide for the placement of the child pending final relief. (d) The respondent must be served with the petition, warrant, and order immediately after
the child is taken into physical custody. (e) A warrant to take physical custody of a child is enforceable throughout Vermont. If
the court finds on the basis of the testimony of the petitioner or other witness that
a less intrusive remedy is not effective, it may authorize law enforcement officers
to enter private property to take physical custody of the child. If required by exigent
circumstances of the case, the court may authorize law enforcement officers to make
a forcible entry at any hour. (f) The court may impose conditions upon placement of a child to ensure the appearance
of the child and the child’s custodian. (Added 2011, No. 29, § 1.)
Source: official Vermont text · Last verified 2026-08-27
Frequently Asked Questions About Vermont § 1090
What does Vermont Statutes Online § 1090 cover?
Section 1090 ("Warrant to take physical custody of child") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Vermont § 1090?
A common citation format is "Vermont Statutes Online § 1090" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 1090 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.